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lewis, also the first woman to be executed in virginia, convicted of plotting the murder of her husband and stepson for insurance money. she died by way of lethal injection, speaking her final words to her daughter, saying i want kathy to know i love her and i'm very sorry, end quote. protestors outside the prison argued lewis was treated unfairly in that case. martha: right now, we are awaiting a major hearing on the voter intimidation case that involves the new black panther party. one of the key government players in this controversy is about to give his side of this story. steve centanni is live at the u.s. commission on civil rights in washington. steve, bring us up to date on where this case stands now and who we expect to hear from today. >> reporter: we expect to hear from two lawyers in the justice department, both of whom recommended going ahead with prosecution of this case. now, let me take you back to 2008, the election day, the presidential election, ale pooing place in philadelphia, where three new black panther party members were standing outside, wearing black paramilit
't want to purchase. when the same lawsuit was filed in virginia, by the attorney general of virginia, ken keusch cuccinelli, that's been on your show, a federal judge in virginia appointed by a democratic president said when the government tried to dismiss the case, you know what, the attorney general of virginia is right, congress has never done this before, she have a -- they have a very strong argument to say it doesn't have this power, i'm not going to dismiss the indicate -- the case. so the passer in florida, a lawsuit, joined by 19 other states, the federal government doesn't reply with an answer, it replies with an appeal to dismiss the lawsuit so, the judge will only dismiss the lawsuit if there's no legal basis for it whatsoever. there is. martha: will it be let's move on to the next step? >> correct. the next step will then be a legal analysis of the history of the commerce clause and whether the constitution was written to give congress this kind of power. for example, suppose the congress declares that the sun causes skin cancer. that would be a reasonable statement to make.
eastern virginia and then again, come friday, a threat to southeast new england, mainly the cape. a little early to tell specifically for the cape, but they're doing the right thing in the carolinas, getting the tourists out of the area. bill: it's moving at a pretty quick clip. 16 miles an hour, that's almost lightning speed for a storm this size. what are you telling the folks in north carolina that are watching now? >> reporter: well, it's actually a fairly typical speed as one comes down there and i don't think it will speed up a whole lot until it gets even with them. the watches that are currently in effect are going to have to be upgraded sometime today to a warning. they're doing all the right actions, they've been getting the people alerted as of yesterday, and they're starting to move the high risk communities that only have one way out and flood at a very low tide, they're already having those folks move, so i think we're in good shape on the sense of what the threat is in the market carolina, southeast virginia area. bill: bill, thank you very much. i know you guys are working
mean, the state of virginia, you know very well a few weeks ago in that primary vote, you were up, what, 35 percent in a republican turnout over last time? >> huge. bill: that's substantial. >> you're going to have -- there's no doubt in my mind you're going to have a very big republican turnout and much of it if not most of it will be a protest vote. protest votes are very powerful motivation, not to be underestimated and apathy in midterms with the party in power is also a very distinct problem that occurs tile and again, particularly when times are bad, and times remain bad in the eyes of most americans. americans weren't loving the way the economy was growing when it was growing in the middle years of the bush administration, they certainly aren't happy with it now and they're not going to be happy any time soon. these measures taken now by the president i don't think are going to have any noticeable effect. bill: we'll debate if this in 30 minutes with doug schoen and brad blakeman. good to see you. >> i hope so. juliet: such a cool guy. >>> tropical storm hermine barreling into th
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